In re: T.C.
Annotate this CaseThe Supreme Court granted T.C.s writ of certiorari to review an issue of first impression: interpretation of 12-15-601, Ala. Code 1975, a part of the 2008 Alabama Juvenile Justice Act, which became effective January 1, 2009 (the 2008 AJJA). Specifically, the question was whether the 2008 AJJA provided for an appeal from an interlocutory order. On March 11, 2010, the juvenile court issued an order awarding the maternal grandparents pendente lite custody of the child and ordering the Department of Human Resources to complete home studies on both the parents and the maternal grandparents. The mother was allowed supervised visitation, and an attorney was appointed to represent her. The juvenile court entered another more detailed order continuing the award of pendente lite custody of the child to the maternal grandparents and awarding the mother and the father supervised visitation pending a hearing on dependency. An attorney was appointed to represent the father. The juvenile court entered another pendente lite order continuing custody of the child with the maternal grandparents and denying the fathers motion to modify that aspect of the order awarding supervised visitation. Subsequently, the trial court found the child dependent based on the fathers prescription drug abuse, and a suggestion that the mother had died. The father then appealed. Upon review of the matter, the Supreme Court concluded that had the legislature intended to provide for appeals from an order finding a child dependent, it could have easily done so without the unintended consequences of allowing all nonfinal orders in juvenile cases to be appealable. Accordingly, the Court did not interpret the omission of the word final from 12-15-601 as indicating an intent on the part of the legislature to allow every interlocutory juvenile court order to be appealable. Therefore, when the legislature enacted the 2008 AJJA (revising, reorganizing, and repealing parts of the former AJJA) it may not have referred to the right to appeal from a final judgment or order, but merely referred to the right to appeal a judgment or order. That language choice, however, does not reflect the legislatures intent to make all orders in juvenile proceedings appealable. Accordingly, the Court affirmed the judgment dismissing the fathers appeal as being a nonfinal judgment.
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